DIVISIONAL CONTROLLER KSRTC REP. BY ITS CHIEF LAW OFFICER K.S.R.T.C Vs. SRI B. DHANAPALAKSHA ASSISTANT STORE KEEPER K.S.R.T.C. REPRESENTED BY B. DHANAPALAKSHA, SECRETARY KSRTC STAFF AND WORKERS UNION

JUDGEMENT

(1.) IN this writ petition the Petitioner has prayed for a writ in the nature of certiorari to quash the award dated 8.12.2009 in I.D. No. 78/2005 passed by the Industrial Tribunal, Hubli.

(2.) RESPONDENT is an employee of the Petitioner Corporavion. On 20.6.2001 Respondent was transferred and on the same day he was relieved and further he was directed to report for duty at transferred place immediately. Accordingly, on 21.6.2001 Respondent reported for duty. Since no breathing time was given, Respondent could not hand over the charge and consequently, he reported the same to the concerned authorities as per Ex. W 3. Despite this, articles of charges were issued, enquiry was held and an order penalty of reducing the basic pay by two incremental stages permanently was passed. Aggrieved by this order of penalty, the Respondent raised a dispute before the Tribunal under Section 10(1)(d) of the Industrial Disputes Act, 1947 (for short 'the Act'). On the basis of pleadings, the Labour Court framed the following issues and additional issue for its consideration:

(3.) THE Labour Court on appreciation of pleadings oral and documentary evidence passed the impugned award and set aside the order of penalty. Hence this writ petition.